Some Vectren customers will receive lawsuit settlement checks

EVANSVILLE, Ind. — Vectren customers may be getting a check in the mail if they paid for a third-party "line protection" plan on their bills.

The check is from a settlement of a class action lawsuit in federal court against Nicor Energy Services (NES). Doing business as Pivotal Home Solutions, the company provided utility line repair services to Vectren customers.

Nicor did not admit any wrongdoing but agreed to pay $12 million to settle the lawsuit, according to the settlement agreement. That amount includes attorney fees and other costs. It was approved by a federal judge in Indianapolis in December.

The complaint was filed in 2017 by a trio of plaintiffs: Kristyn Plummer, Donald Pyles and Susan Schroeder.

According to the complaint: "Nicor's plans are not insurancSome Vectren customers will receive lawsuit settlement checkse, but essentially valueless repair plans that consumers would not knowingly purchase because these plans are unnecessary, expensive, and provide very little coverage, if at all."

Not all Vectren customers will be getting a check. The settlement only covers those who paid Nicor for services beginning June 2011 in Indiana and January 2012 in Ohio, ending Oct. 10, 2018, in both states.

Nicor's own court documents submitted during the lawsuit showed 220,446 Vectren customers in Indiana enrolled in the plan from June 2011 to June 2017.

Those customers won't have to submit claims. Settlement checks will simply be mailed. The checks will say the payment is from "NES Settlement Fund," according to court records.

Some customers are already receiving them. One customer who contacted the Courier & Press showed a check for $54.62. The return address on it was from "Plummer/Pyles v. Nicor Settlement."

A statement from Vectren on Thursday stressed that people voluntarily chose to enroll in the plan.

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A bicycle rider crosses North Green Street in Henderson as a polar vortex descends on the area dropping temperatures to near zero with wind chills of approaching 20 degrees below Wednesday, January 30, 2019. MIKE LAWRENCE / THE GLEANER, MIke Lawrence

Icicles form on branches above the chilly waters of the Ohio River as a polar vortex descends on the area dropping temperatures to near zero with wind chills of approaching 20 degrees below Wednesday, January 30, 2019. MIKE LAWRENCE / THE GLEANER, MIke Lawrence

The Henderson CSX railroad bridge is obscured by steam and warm air rising above the Ohio River as a polar vortex descends on the area dropping temperatures to near zero with wind chills of approaching 20 degrees below Wednesday, January 30, 2019. MIKE LAWRENCE / THE GLEANER, MIke Lawrence

Pat Copp clears off her driveway as bitter cold temperatures hit Newburgh, Ind., Wednesday morning, Jan. 30, 2019. "We have to run errands later so we are clearing off the driveway now" Copp said, as she swept with her husband, Phil Copp, not pictured. SAM OWENS/ COURIER & PRESS

Icicles cover the plants and rocks lining the banks of the Ohio Riverfront in Newburgh, Ind., Wednesday, Jan. 30, 2019. The National Weather Service issued a wind chill advisory that was in effect until noon Wednesday, warning of wind chills reaching as low as 20 degrees below zero. SAM OWENS/ COURIER & PRESS

Valorie Garrett of Evansville is happy to see her bus coming to take her to work Wednesday afternoon. The temperature was 8-degrees at the time, but had been even colder earlier in the day. Most area schools were cancelled due to the arctic blast that made it feel like it was 10 to 20 degrees below zero. DENNY SIMMONS / COURIER & PRESS

Geese fly over the Ohio River in downtown Newburgh, Ind., as steam rolls off the small waves Wednesday morning, Jan. 30, 2019. The National Weather Service issued a wind chill advisory that was in effect until noon Wednesday, warning of wind chills reaching as low as 20 degrees below zero. SAM OWENS/ COURIER & PRESS

Steam rolls off the Ohio River as smoke blows out of chimneys at Warrick Power Plant in Newburgh, Ind., Wednesday morning, Jan. 30, 2019. The National Weather Service issued a wind chill advisory that was in effect until noon Wednesday, warning of wind chills reaching as low as 20 degrees below zero. SAM OWENS/ COURIER & PRESS

Steam rises off of the Ohio River in downtown Newburgh, Ind., Wednesday morning, Jan. 30, 2019, as bitter cold temperatures hit the area. The National Weather Service issued a wind chill advisory that was in effect until noon Wednesday, warning of wind chills reaching as low as 20 degrees below zero. SAM OWENS/ COURIER & PRESS

Mike Harmes of Harmes' Una Pizza uses a leaf blower to clear fresh snow off the restaurant's parking lot at the corner of South Kentucky and Washington Streets in Evansville, Ind., to make it easier for customers to come in, Tuesday evening, Jan. 29, 2019. "I've been cooped up [in a hot kitchen] all night, feels good to be out here for a few moments," Harmes said, when asked why he wasn't wearing a jacket. SAM OWENS/ COURIER & PRESS

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"Vectren Energy Delivery was not a party in the Plummer/Pyles vs. Nicor Settlement. Customers who voluntarily elected these services may be receiving distributions as a result of the recent settlement in the class action lawsuit in which Vectren was not named."

The plans work, according to the lawsuit, by Nicor entering into agreements with public utilities for use of the "...utility's trade names, logos, service marks and trademarks, and allow Nicor access to the public utility's marketing channels."

In return, the lawsuit said Nicor pay's the utilities 10-15 percent of its profits. The utility also allows Nicor's charges to appear on the monthly utility bill, included in the single lump sum paid to the utility by customers.

For Vectren customers, those charges appeared as the line item "Non Vectren Energy Delivery Charges."

Vectren spokeswoman Natalie Hedde said Thursday those charges only appear on bills if customers self enroll and that Vectren does not advertise the services.

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Corteo is known for breathtaking tricks, fanciful costumes and intricate set design. The show came to Evansville's Ford Center from Jan 23-27, 2019.
Abbey Doyle and Sam Owens, Evansville Courier & Press